In late 2013, a formal complaint was filed with the U.S. Secretary of Transportation (Secretary) alleging illegal discrimination by Kuwait Airways (KA) on the basis of national origin, in violation of federal law proscribing such discrimination by air carriers. The complaint concerned the airline’s refusal to transport Israeli nationals on nonstop flights from New York to London.

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The Secretary denied the complaint earlier this year, asserting that KA had not violated any U.S. anti-discrimination law because the airline is required to comply with Kuwaiti law, which prohibits Israeli passport holders from entering Kuwait.

As the attorney now pursuing this matter correctly articulated, “In essence, the Secretary determined that Kuwait Airways did not violate U.S. law because that airline was required by Kuwaiti law to discriminate against Israeli nationals.” The Secretary’s rationale is particularly unfounded because the flight at issue goes from New York to London; the fact that Israeli passport holders cannot enter Kuwait is wholly irrelevant. Moreover, if any entity conducts business in the United States, it must comply with U.S. law.

Dissatisfied with the response, Eldad Gatt, who filed the initial complaint, commenced an action in U.S. federal court in March 2014, appealing the Secretary’s denial and requesting appropriate relief, arguing that “[t]he Secretary has officially endorsed Kuwait Airways’ policy of boycotting Israeli nationals, and has explicitly authorized Kuwait Airways to continue its blatantly discriminatory practices.”

This isn’t about Jews vs Muslims and who’s on whose side. This is about an American being hired to do a job to serve American interests not Kuwaits. The disturbing thing is that this kind of attitude of putting American allegiance last is becoming more prevalent.